MBE Sample – Question 15 - Actual
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MBE Sample - Question 15
A man entered a tavern in an obviously intoxicated condition, was refused service, and was ordered to leave and escorted out. Just after leaving the tavern, the man staggered across the road toward a liquor store. As he was crossing the road, the man was struck by a car and severely injured.
The man sued the tavern for his personal injuries. At trial, the evidence established the facts as set out above.
At the close of the evidence, both parties moved for judgment as a matter of law.
How should the court rule on these motions?
A
Deny both motions and submit the case to the jury, because reasonable jurors could conclude that the accident was foreseeable.
B
Deny both motions and submit the case to the jury, because a tavern is a place of public accommodation.
C
Grant the tavern’s motion, because there is no evidence that the tavern breached a duty to the man.
D
Grant the man’s motion, because it is undisputed that by being ejected from the tavern, the man was put at risk.
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